North Greenbush supervisor sued over disputed bill

Published 6:31 pm, Friday, September 8, 2017

NORTH GREENBUSH – A local restaurateur is suing the town supervisor for $5,000 in small claims court over a disputed bill for a 2015 political fundraiser.

Michael Moscatiello, owner of the Moscatiello’s on Route 4, said Friday he filed the claim against Republican Supervisor Lou Desso in Rensselaer City Court in order to avoid an expensive drawn out battle in state Supreme Court.

Moscatiello asserts he is owed $6,250 by Desso on a bill of $7,000, but is only pursuing the $5,000 in order to meet the small claims court limit.

“I’m struggling. I’ve got a business,” Moscatiello said.

David Gruenberg, Desso’s Troy-based attorney, said he’s confident the supervisor will prevail when the case is heard. The court proceeding is tentatively scheduled for October.

“We don’t believe anything is due and owing,” Gruenberg said.

“The claim being raised now is being raised for political purposes,” said Gruenberg, who declined to specify what those reasons are.

Tuesday is primary day. There are three minor primaries for supervisor in the town. Desso and the Democrat candidate Ronald Sinico are on the ballot in the Independence Party primary. There’s a write-in ballot for the Green Party primary. The Working Families Party primary has Sinico on the ballot with the opportunity for Desso to be written in for the nomination.

These aren’t the only primaries in the town. There’s also minor party primaries for town clerk, town justice, town council and receiver of taxes.

The dispute between Moscatiello and Desso may come down to whether there was a verbal contract between the two. Moscatiello said he told Desso he would donate the expense of a gathering for 40 to 60 people. The fund raiser is estimated to have attracted several hundred people.

Desso held a fundraising event earlier this year at Franklin Terrace in Troy drawing a crowd of 527 people. Desso has $33,058 in his campaign account, according to the Sept. 1 financial disclosure forms filed with the state Board of Elections.